Priorities of Objections

(1,346 words)

As seen, it is not sufficient for a party to entitle a document preliminary objection, however important nomenclature and a reference to Article 79 of the Rules may be as evidence of its intention. In addition to matters of form, the plea has to show the essential juridical characteristics which give it its preliminary character in the particular case, which demonstrate that it is a challenge to the power of the Court to determine the merit…

Cite this page

Malcolm N. Shaw,
“Priorities of Objections”, in:
Rosenne's Law and Practice of the International Court: 1920-2015.
Consulted online on 16 October 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0227>